Arizona weekly citizen., 1887-01-29

tion and the powers conferred upon it.
 Fifth-Upon sn order made by the
 District Court or 6 Judge thereof to ip-
 quIre, by the intervention of a GraI I
 Jury, of public offences committed or
 triable ID their respective Counties.
 Sixth-ro the trlal of sli indictments
 for misdemesnor.
 Seventh-To draw, summon and com.
 pei the attendance of trial jurors in the
 same manner ss may be done by Dis
 trict Courts.
 Eighth-To compel the attendance of
 witnesses, punish cOntempts, and make
 such orders as may be necessary to the exercise ot any of the powers conferred
 upon 1t.
 Sec. 5. The District Court in snd for any County, or the Judge thereof. may at any time by written order direct the Probate Court of any County to inquire, by the intervention of Grand Jury. of all public offences committed or triable Tn such County, and upon receipt of such order the Probate Court shall pro- ceed to empsnnel such Grand Jury and inquire into such offences.
 Sec. 6. All indictments found in the Probate Courts of any County except for misdemeanor shall be transmitted by the Clerks of such Courts to the District Court in and for such County for trial.
 Sec. :. The District Court, or the Judge thereof, may, upon the consent of the parties to any civil action. transfer such civil sction to the Probate Court for trial therein. when said Court has jurisdiction of the subject matter in VolVed.
 Secs Its appellate jurisdiction shall extend to all cases, civil or criminal, arising Tn Justices, Recorders or Police Courts.
 Sec. 9. The proceedings of the Pro- bate Court shall be construed in the same manner and with like intendments ss the proceedings of courts of general jurisdiction, and to its records, orders, judgments and decrees there shall be accorded like force, effect and legal pre- sumptiOns as to the records, orders, judgments and decrees of District Courts
 Sec. To- The Probate Courts shall be always open, Qegsl holidays snd ncn-iu- dicial days excepted ), and their process shall extend to all parts of the Territory.
 Sec. II. The Probate Courts shall be held at the County seat in their respect i've Counties.
 Sec. l2. The Sheriff of the County ID which the Probate Court is held shall, when required by the Judge of Court, attend the sitting thereof, and shall serve and execute all writs, process, mandates, orders and judgments of said Court 10 the same extent and in the same manner as he IS now in District Courts, and in all other cases required by law to do.
 Sec. 13. The provisions of the civil ard criminal code of procedure of the Compiled Laws, SO far as the same may be applicable. shall apply and be the rule of practice in the Probate Courts.
 Appeals shell be taken from Justices, Recorders and Police Courts to the Probate Court, ss is or may be prescrib- ed by law for such appeals. and shall Do tried de nOvo in the Probate Court.
 Appeals nay be taken from the Pro bate Court to the District Court in all matters of probate. as IS CT may be pre- scribed by law. and such appeals shall be tried m District Court de nOvo. All other appeals from the Probate Court shall be taken to the Supreme Court, ss IS or may be prescribed by law for talk ing appesls to the Supreme Court from the District Court.
 Sec. II. The Judge of the Probate Court shall exercise all powers hereto fore conferred upon him by statute.
 He shall be e1-officio County Superin- terdent of public schools in and for his County.
 He shall also be a Magistrate of and within hIs County, to the same extent, in the same cases, and with the same powers ss other Magistrates.
 Sec. l5. The Clerks of the District | Courts in the several Counties shall be | ex-Otficio Clerks of the Probate Court
 The clerk of the District Court. may | upon an order made by the Board of of such County. appoint a Deputy Clerk. whose salary shall be fix ed by such Board of Supervisors, in no | instance to exceed one hundred and fifty | dollars per month. and such deputy, | when SO appointed, shall be eX-officio | Clerk of the Board of Supervisors.
 Sec. l6, Al! cases, actions and pro ceedings now beading m the County | Court of any County. and over which | the County Court has had jurisdiction. | and the records, files and papers per taining thereto are hereby transferred | to the District and Probate Courts in l md for sad County respectively as fol- lOws:
 First-All such cases. actlcns and pro ceedin9s Cs are enumerated in section | l hree of this act are hereby transferred | 10 the Probate Court of sad county.
 SecOnd-All such cases, actions and as are enumerated in sec ton Four of thIs net are hereby trans ierred to the Probate Court of such county, except that all indictments for felony now pending in the County Court of any county are hereby transferred tO the District Court ID and for such county.
 Thlrd-All cases on appeal now pend ing Tn any County COur'. the transfer Of which is not otherwise provided for, m this section, is hereby transferred to the Probate Court of such county for deter mination.
 Fourth-All other cases, actions and now pending ID any COun- ty Court, the transfer of which IS not otherwise provided for, in this section, is hereby transferred to the District Court in and for such county.
 Sec. IT. For each of the counties of this Territory in which there has been B County Court. and Judge thereof, and n winch there shall not be 8 Probate Court, or a Probate Judge, he governor of this Territory ,hall immediately after the passage 1f this act. appoint . Probate Judge Sho shall be a practlcing sttorney-st- aw, citizen of the United States aud lf this Territory, and who shall have been & resident of this Territory, for Rt east two years neit proceeding his sp- oointment. Each person SO appointed IS Probate Judge shall hold his office rom the date of such appointment un. m the first day of January, A. D., 1889, md until his successor Is elected and ,ualified. as provided herein.
 Sec. lS. At the general election to be leld ID the year 1888, and at the general election every two years thereafter, there Ihsn be elected by the qualified electors ,f such county, iR the same manner as other county officers at such elections Ire elected. Probate Judge for each county m the terItOry; whose term of office shall commerce on the first dsS Of